San Francisco Injury Lawyer Blog

Lawsuits are mounting on behalf of the environment and communities around the gulf coast. One Lawsuit has been filed by the Sierra Club and Gulf Restoration Network against the U. S. Interior Department and Minerals Management Service (MMS) over permits. According to the suit, the agency gave BP and other oil companies illegal waivers. The suit states, “Had MMS not waived the regulatory requirements, had BP done a proper Blowout Scenario and Worst Case Oil Spill Response analysis, theses critical planning flaws may have been avoided.” And in other related news, it turns out that BP cut corners on safety in order to save money. According to the Wall Street Journal, as of 2003, U.S. regulators decided that remote-controlled safeguards, known as acoustical valves, needed more study; and a report commissioned by the MMS said “acoustic systems are not recommended because they tend to very costly.”

Needless to say, the spill is destroying wetlands and delicate ecosystems around the gulf and poisoning life in the ocean. And the spill poses long term health concerns for the safety of communities around the gulf. The toxins can persist for years in the food chain, as oil contains traces of heavy metal such as mercury, arsenic and lead, all of which raise the risk of cancer and neurological problems. Several restaurants from Louisiana and Florida have decided to take proactive steps toward recovery by filing a class action lawsuit against BP, whom they see as the responsible party, according to the Oil Pollution Act. The class action, dated, May 18, was filed on behalf of several plaintiffs who are restaurant owners and others in the seafood service industry who have or will suffer lost profits as a result of the spill. The action states that due to the dangerous environmental contamination as a result of the oil leak, “fishing, shrimping, oystering and other commercial activities have been suspended and will likely continue to be legally and/or effectively reduced,” thereby causing a loss of revenue and earning capacity for the industry.

Here at the Brod Law Firm, we believe unchecked development over the past century has put us in this devastating situation. Up until now, coastal erosion, land loss and vulnerability to hurricanes and flooding have been the end result of wreckless pillaging of the earth and sea for oil. But now, as the oil continues to gush--at a possible rate of 1million gallons a day--we wonder how long before the spill and/or byproducts of the it will show up other places around the globe, or perhaps, here in San Francisco, and ultimately place all of us in peril.

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Hey, readers! The earth needs you! And what a great way to help the environment by riding your bike to work, to school, to the gym, the grocery store, or where ever your heart desires. Maneuvering your way thru traffic might be a nightmare at first, but it is good lesson in getting along with others. If you don’t have a bike, try borrowing one from a friend for one day and see how much faster it is getting around the congested city streets during rush hour. And if you are reluctant to bike to work because you are worried about arriving to work sweaty, don’t worry, the solution is found in a package of handy wipes. The first time you try biking to work you probably will notice a change in your mood upon arriving to work—you will probably arrive happy--as bicycling alleviates stress and releases endorphins (imagine that!). And if you look around the office at your coworkers on the day you bike to work, you will also notice that you are more relaxed, refreshed and productive than they are. The pleasure and satisfaction attained from riding to work might convince you to make cycling your preferred mode of transportation.

For many reasons, the bicycle is the vehicle of the future. It definitely has a competitive edge over driving a car or riding the bus: it’s efficient, it’s economical, and it’s healthy and, most importantly, it’s plain old fun. Also the bicycle is the simplest and most pleasure inducing way to get healthier while saving our environment and reconnecting with the community. The more we bicycle, the smaller our carbon footprint. Autos are the single largest source of us air pollution. Statistics show short trips are up to three times more polluting per mile than long trips. Moreover, choosing to bike to work or to the store will slash your fuel expenses. It also saves you on parking fees, parking tickets, auto insurance, auto maintenance costs, and transit fares. The physical side effects are also a big positive, as it enhances your overall fitness, minimizes your risk of coronary heart disease and helps build stamina. The best thing is it helps you look great --just a few miles of cycling per day assure trimmer and toned muscle. What better time than National bike month to start biking and start a new way of life. Here at the Brod Law Firm, we think everyone should give cycling a try, especially here in San Francisco. With all cutbacks to public transportation and the budget problems MUNI facing, public transportation riders might have to start rethinking how they get around. The San Francisco Bicycle Coalition is the best place to go to learn about navigating your way through in the city. They offer classes and other tools that will help you minimize your risk of being involving in an injury accident.

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Deciding to place a family member in a nursing home is painful and difficult. Some families, however, have no other choice when the medical and physical demands make other options impossible. Choosing the right and appropriate home is not a task to be taken lightly. Families should make an appointment to tour each home in which they are interested. During each tour you should ask to see more than the public areas and visit several residents' rooms. And, if possible, families should try to walk through the facility on their own, which will allow them this to experience it without input from staff or the managing director, who may have a one-sided or biased interpretation. Also you should ask if you can join the residents for lunch or dinner.

When families talk to the residents, they should ask them what they like most — and what they feel could be improved. The most important things to look into when talking with residents—things that will help you be the judge if a nursing home is appropriate for your loved one-- are those that have to do with quality of life. What does “quality of life” in a nursing home mean? It means that each resident is entititled to things such as, receive care in a manner and in an environment that promotes dignity and respect; organize with other residents to discuss issues of common interest and concern; receive services that recognizes any residents' special needs, such as food choices or accessability requirements; a program of activities that meets the residents interests, physical, mental and social abilities; and the opportunity to participate in social, religious, and community activities of their choice. All of the above lifestyle choices seem common sense, and, as a consquence, they are often overlooked by families.

Once you find a place that is suitable, it is also important to keep a diary of the events regarding the care of a family member. Sometimes there is lack of oversight in nursing homes regarding the training of nurses, as some nursing homes fail to perform background checks on temp nurses or have on staff nurses whose licenses were suspended--so families should be sure to find out that their loved one is receiving care from liscened professionals. Also, learning the name of the director of nursing, the medical director, and the times they are in the building is very important. Here at the Brod Law Firm, we believe there is no substitute for visting and seeing for yourself if a particular nursing home is acceptable. For we have heard many horror stories from families about relatives that were neglected or abused due to lack of oversight.

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